What is the halacha of having a plumber do work on Shabbat on rental property that is owned by a Jew? The owner will not be present during the work, meaning that the plumber has the keys to the property or the tenant will open the door.
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My understanding - if the Jew didn't specifically tell the plumber to work on Shabbat but said (during the weekdays) something like, "I have a leak and need it fixed soon," and the plumber on his own appeared on Shabbat, seems to be OK. There might be problems with Mar'it Ayin" and making noise (which is similar to the *Mar'it Ayin problem. That's a separate issue. OTOH, if tenants know the plumber and that he has keys to all tenants apt.s and commonly does work when needed, maybe it's not a problem.– DanFCommented Jul 2, 2015 at 16:44
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So, specifically telling the plumber to work on Shabbat would not be permitted, right? I suspect Mar'it Ayin should not be an issue, since it's a rental property and no one around knows it's owned by a Jew.– mssCommented Jul 2, 2015 at 16:56
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Correct - you can't tell a Gentile to do work for you specifically on Shabbat (a few exceptions in unusual cases to this rule.) Can't say, offhand, if this is a Mar'it Ayin problem despite what you stated.– DanFCommented Jul 2, 2015 at 17:11
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mss, this site makes no guarantee of validity, and does not offer personal advice. Treat information from this site like it came from a crowd of friends and consult your rabbi with your particular situation. For that reason, I am deleting @user6591's comment asking you for more specifics about your situation (and your reply thereto). (If the halacha differs in different cases, answers can deal with that.) This question has four closure votes because it seems to be seeking a practical p'sak, and I can sympathize with the closure voters. Please consult your rabbi with practical questions!– msh210 ♦Commented Jul 3, 2015 at 6:04
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1@DanF, I think that question would be a bit too broad. Personally, I think this question is fine (which is why I didn't cast the fifth closure vote). If it should be written more generally, then perhaps make it about a worker working on a Jewish lessor's property, leaving out the details about the keys and lessor's presence. But again -- IMO it's fine as is.– msh210 ♦Commented Jul 5, 2015 at 3:08
1 Answer
The best situation is where the fix could be done at any time over several days. Just as I may drop off dry cleaning at a non-Jewish cleaners on Thursday, for Monday pickup; I have nothing to do with the clothes on Shabbat [vs. if the cleaners picked it up from my house on Shabbat, it looks wrong]; and if s/he chooses to do the job (and it's priced by the job, not the hour) on Saturday, that's his/her choice.
Rabbi Moshe Feinstein has a responsum about a Jew who owns an apartment building (he doesn't live there) in which the ... pilot light? Water heater? Some device -- must be lit every day. If it was every other day, I could tell the non-Jewish superintendent "it needs to be lit on either Friday or Saturday", and it's his call from there. But this one is tricky as it must be lit every day! Rabbi Feinstein concludes that you tell the super: "I'm paying you the same whether you light the flame or not this Saturday. But if the building doesn't have heat/water/whatever, my business will tank, and in the long run I won't have jobs for superintendents anymore. So ... do what you want on Saturday ..."